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DHIVEHI

The Constitution can be amended by the Parliament, changed by the people: Former President Nasheed

20 Feb 2025

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Aishath Leah

Photo: People's Majilis

Former President Mohamed Nasheed has stated that the power to amend the Constitution lies with the People's Majlis (Parliament), while the power to change the Constitution belongs directly to the people.

In a post on social media platform X, former Parliament Speaker Nasheed said that according to his understanding, the power to amend the Constitution rests with the People's Majlis. Conversely, he noted that any fundamental change to the Constitution would require a public referendum.

Elaborating further on his opinion through an unofficial account on X, he said that the Supreme Court's role is to interpret the Constitution.

These remarks were made in reference to the ongoing Supreme Court case concerning the anti-defection amendment that prevents members of Parliament from switching political parties.

In that case, the state raised a procedural objection, arguing that the Supreme Court cannot review cases claiming a constitutional amendment is unconstitutional; however, the Supreme Court decided to proceed with the case without ruling on the procedural objection.

Addressing the central question, former President Nasheed asked whether the anti-defection provision is merely an "amendment" or a fundamental "change" to the Constitution. He maintains that determining this distinction falls within the Supreme Court's jurisdiction.

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